Public Right of Way (UK)
The public right of way ( English public right of way ), especially in its most common manifestations Public Footpath and Public Bridleway , set in England and Wales ways of moving firmly away from the public road network.
Basics
In England and Wales there is no general right of entry to forests and meadows. There, unlike in Germany, field and forest paths are generally not usable for hiking or cycling. So that non-motorized traffic does not have to be limited to public roads, there is an extensive network of public rights of way in the area, some of which have a history that goes back to the Middle Ages. In the past, these rights of way were often the only way to reach remote towns and farms, but today they are of primary importance in leisure , tourism and sport , especially for hikers , riders and cyclists . They are used, for example, by long-distance hiking trails .
These public rights of way are enshrined in law and their course is shown on maps. They may be used by anyone within the framework of their definition. The owner of the land may neither impose additional restrictions nor, for example, demand a road toll.
A right of way in this sense does not, however, mean the existence of a structurally laid out, well-maintained and marked hiking trail . The right of way only grants the user, in particular with footpaths and bridleways , the right to move along the defined route across the country. There is no entitlement to a specific path condition or to a laid path at all. Although many rights of way follow at least gravel field or farm roads, they just as often lead as unpaved, well-trodden paths over pastures, fields or through forests and bushes. Little-used rights of way may not even be visible on the ground, but they are still valid. When crossing walls, fences and hedges, structural devices such as stiles are usually created to protect them . Watercourses that are too wide to be crossed are mostly crossed on small footbridges, but occasionally only with stepping stones (which can be flooded during high water).
Owners or tenants of a property over which a public right of way runs may neither block nor reroute the route and must ensure that persons who use the right of way as intended are not exposed to any particular danger. For example , no bulls older than ten months may be kept in a pasture that has a right of way. Any obstacles (such as fallen trees) must be removed immediately and damage that makes it unusable (such as breaks on river banks) must be repaired. Temporary or permanent changes to rights of way, for example diversion of paths in connection with construction work, may only be ordered by the responsible authorities, not by the landowner himself.
Types of rights of way
Public rights of way are divided as follows depending on the permitted use:
Public footpath
Traditional wooden sign
Metal sign
On a Public Footpath ( Engl. For: "Public footpath"), often described as FP abbreviated, use is primarily permitted on foot. Strollers or wheelchairs are permitted, provided the condition of the path allows this - however, obstacles such as gates, kissing gates or fences are to be expected along the way . Dogs can be brought along, but must be kept under control on a short leash and are not allowed to bother grazing animals or wild animals. Hikers are allowed to take breaks on the way, but not to camp (for example overnight).
There is no general right to cycle, ride a horse or use vehicles on a public footpath; the consent of the landowner is required for this.
Public footpaths are marked with wooden signs with engraving or green metal signs with a yellow directional arrow and white text. Such signs can generally be found where a public footpath crosses or branches off a public road. In the area, however, there is no obligation to mark the route; If the course is not recognizable, the user must be able to orientate himself using map material. However, the route is often marked by posts or waypoints (yellow arrows).
On British hiking maps, public footpaths are shown as a red (1: 50,000) or green (1: 25,000) dashed line with a short dash length.
Public bridleway
This public bridleway leads unpaved across the site
Marking a bridleway and a footpath in open pastureland
For a Public Bridleway ( Engl. For: "Public Bridleway") is the same as is allowed for the Public Footpath, however, applies in principle in addition will also
- Riding or leading a horse or pack animal
- Cycle.
As with the public footpath, only the right of use is defined here, without any claim to a specific route status. Neither authorities nor landowners are required to keep a bridleway in a condition suitable for cycling. In particular, bridleways that are heavily frequented by riders are, depending on the surface and attachment, possibly only usable in practice for cyclists on mountain bikes .
A public bridleway is marked on the premises by signs with the inscription "Public Bridleway" or by blue waymarks.
On British hiking maps, public bridleways are shown as a red or green dashed line with a long dash.
Restricted byway
A Restricted Byway ( Engl. For: "Limited branch line") stands next to pedestrians, riders and cyclists and other non-motorized vehicles. Motor vehicles of any kind are not permitted here.
The term Restricted Byway has only existed since 2006 and replaces the Road used as public path category introduced in 1949 , abbreviated to RUPP, which was to be abolished in 1968. Therefore, the competent authorities were instructed to reassign all RUPPs to one of the other categories. However, since this procedure took a lot of time, on May 2, 2006, all RUPPs still existing at that time were finally classified in the new category Restricted Byway .
Restricted byways are specially marked on UK hiking maps. A Restricted Byway is marked by dark red waymarks.
Byway open to all traffic
A Byway open to all traffic ( Engl. For: "For every traffic shared branch line"), sometimes abbreviated as BOAT is equated with the "most open" class of the right of way and use legally a public road. It can be used on foot and by all means of transport.
Most of the BOAT are unpaved or at least unkempt rough paths through the terrain and in practice hardly usable with normal cars, although it is legally permitted. Pedestrians should definitely expect off-road vehicles. There may be restrictions, for example with regard to the width or height of the vehicle, which are usually announced by corresponding traffic signs at the beginning of the route.
BOAT are specially marked on UK hiking maps. If the course of a byway in the area is not clearly recognizable, it is sometimes marked by red waymarks.
Permissive Path
This class is not a public right of way and is only mentioned here for the sake of completeness. On a Permissive Path or Permitted Path ( Engl. For: "Permitted way") is a voluntary, revocable at any time the permission of the landowner for the general increase or passage. Such trails are set up at the request of hiking associations, for example, in order to close a gap in a hiking route where there is no suitable right of way. Any conditions or restrictions can be imposed - for example, certain means of transport or dogs can be excluded, or the route is only released at certain times. Such restrictions, if they do not already result from the type of path, will be announced at the ends by signposts. For example, it is common practice to close a Permissive Path on one day each year to prevent the development of a public right of way through common law .
On UK hiking maps, Permissive Paths are marked in a different color or not at all.
Access land
In 2000, with the enactment of the Countryside and Rights of Way Act, a new possibility was created to wander through uncultivated land, the so-called Access Land . Areas with this status may be entered or crossed freely without being bound by rights of way, but only on foot - a right to ride or cycle in the Access Land only exists along the corresponding rights of way. Further restrictions are indicated at the entrances, for example dogs often have to stay on the rights of way to protect ground-breeding birds. Activities that go beyond mere locomotion, such as storage, require permission from the property owner on Access Land.
The land owner may block access to the Access Land for up to 28 days a year, for example for hunting purposes. This will also be announced at the entrances. Implementing public rights of way must also be continuously usable during blocked periods.
Access Land is highlighted in pale yellow on the 1: 25,000 maps of the Ordnance Survey.
Management of rights of way
Authorities responsible for managing public rights of way are in England administrative counties and in Wales the unitary authorities . These authorities are responsible for the identification of the rights of way through appropriate signs and markings, and, if necessary, for ordering (temporary) closures or diversions.
The definitive map
Since 1949 the authorities have been required to document all existing rights of way in a special map, the so-called Definitive Map . Entries in the Definitive Map are binding in the event of a dispute over rights of way. According to official estimates, at the time the Countryside and Rights of Way Act was passed by the British Parliament in 2000, more than 10 percent of the existing public rights of way were not included in the Definitive Map. The deadline for this is January 1, 2026. All rights of way that are not recorded in the definitive map expire automatically. The British hikers 'association Ramblers' Association therefore endeavors to prove as many existing rights of way as possible - especially in scenic areas - in court and to have them entered on the definitive map.
literature
- Countryside Act 1968
- Rights of Way Act 1990
- Rights of Way Improvement Plans: Statutory Guidance to Local Highway Authorities in England (PDF file; 12 kB)
- Paul Clayden, John Trevelyan: Rights of Way. A guide to law and practice. Edited by The Ramblers' Association. 4th edition 2007. ISBN 978-1-901184-99-0 .
- Dave Ramm: The Secrets of Countryside Access. Edited by the East Berkshire Ramblers' Association Group. 2006. ISBN 1-874258-20-1 .
Web links
Individual evidence
- ^ Countryside and Rights of Way Act 2000. In: legislation.gov.uk. The National Archives, November 30, 2000, accessed April 30, 2014 .
- ↑ Highways Act 1980. Part III Section 31. legislation.gov.uk, accessed May 18, 2011 .
